Lawsuit: 15-year-old boy drowned in pool as teacher looked at cell phone
Parents of a 15-year-old California boy who drowned in his school’s swimming pool during class allege that as the boy was struggling in the water, his teacher was looking at his cell phone and not paying attention.
Karen and Thomas Curry filed a lawsuit Tuesday in Contra Costa County Superior Court, seeking damages from San Ramon Valley Unified School District and physical education teacher Aaron Becker in the wrongful death of their son, Benjamin. The teen drowned in May during his fourth-period physical education class at San Ramon Valley High School.
“They want answers to questions and they want accountability to those responsible,” said Andrew Schwartz, the family’s attorney.
On May 8, the lawsuit alleges, Curry and 56 other students were instructed to tread water for 3 minutes at the end of class. Curry slipped under the water and drowned after Becker added 30 more seconds of treading water to the three minutes.
The school’s video surveillance, according to the lawsuit, shows Becker standing on a diving board and looking at his cell phone, about 15 feet from Curry, while the students were supposed to be treading water. The time stamps from the surveillance video indicate the students were treading water for closer to 4 minutes than 3 minutes and 30 seconds, Schwartz said.
There were no other lifeguards at the pool to help Becker supervise the 57 students, the lawsuit says.
At the end of class, Becker dismissed the students without taking roll or checking the pool, leaving Curry’s body in the water, according to the lawsuit.
Following fourth period, the students went to lunch before going to their fifth-period class. Curry’s body wasn’t discovered until students returned from lunch for the fifth period physical education class, the lawsuit alleges.
Samantha Libby, the teacher for that class, recovered his body and tried to resuscitate him, Schwartz said.
“The parents really want to extend their thanks to Samantha Libby because she was the one who tried to rescue their son,” Schwartz added.
Mark Davis, the attorney representing the school district, disputes the claims raised in the lawsuit.
“I’m confident that most, if not all, of those allegations will prove to be not true,” he said. “Any claims that Mr. Becker was talking on the phone or texting immediately before this incident are not true.”
William Gagen, a Danville lawyer who has been advising Becker, said he recommended Becker not make any public statements regarding the case.
“He feels absolutely awful for the family of Ben Curry and for any role that he had in any way in Ben’s death,” Gagen said. “His not making a comment is not because he is indifferent or doesn’t care.”
According to the San Ramon Valley High School website, Becker is listed as a physical education teacher, head varsity football coach and associate athletic director for the school. The lawsuit states that Becker’s lifeguard certification expired in March, two months before Curry’s drowning.
Earlier this month, Rick Schmitt, the district superintendent, to the Curry family and clarified that his death was accidental after rumors surfaced that Curry’s death may have been a suicide.
“Neither the Contra Costa County coroner’s report, nor the Danville Police investigation, indicated that Benjamin caused or contributed to his death,” the statement said.
Authorities ruled Curry’s death in accident in July, and the Contra Costa County district attorney’s office declined to file criminal charges.
Elizabeth Graswich, a spokeswoman for the school district, said the district has been reviewing its policies and procedures related to its pools and has suspended pool use for physical education classes.
“The event was and will remain a tragedy in our hearts and minds forever. The district sincerely apologizes to the Curry family and all community members. There are no words to describe the collective sorrow following the loss of Ben,” Graswich said in a statement.